TaxTMI 
TaxTMI 
2020 (12) TMI 762
X X X X Extracts X X X X
X X X X Extracts X X X X
....5298701 of Mr. Sidhik Ibrahimkunju and Mrs. Jiyasha Sidhik respectively who are the Directors of M/s Tecacs IT Group Private Limited, for the purpose of filing all the defaulted Annual Returns and Financial Statements of the Appellant Company before the RoC. 2. CA/42/KOB/2020 filed under Section 252(3) of the Companies Act, 2013 for restoration of the above company was disposed of by this Bench on 25.06.2020 with the following directions: i. The Company is directed to file all the statutory document(s) along with prescribed fees/additional fee/fine as decided by Registrar of Companies within 30 days from the date on which its name is restored on the Register of Companies by the Registrar of Companies. The appellant is directed t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....or during the striking off period of the Company. 3. The Applicant submitted that the Company filed a declaration as directed by this Tribunal in respect of the deposits, if any, made during the demonetization period with the ROC. The Applicant also complied with the direction in respect of payment of costs of Rs. 50000/- (Rupees Fifty Thousand Only) to the Government Accounts. 4. The Applicant further stated that the Company through its Director and Promoter, Sri Sidhik Ibrahimkunju attempted to file the defaulted Annual Returns and Financial Statements as directed by this Tribunal before the ROC for the purpose of restoration of the name of the Company. However, the ROC took a stand that since the Director is disqualified, his DIN c....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... (c) of the death of the concerned individual; (d) the concerned individual has been declared as lunatic by the competent Court; (e) if the concerned individual has been adjudicated an insolvent; then the allotted DIN shall be cancelled or deactivated by the Central Government or Regional Director (NR), Noida or any other officer authorised by the Regional Director (NR): Provided that before cancellation or deactivation of DIN under clause (b), an opportunity of being heard shall be given to the concerned individual." Rule 11 of the Companies (Appointment and Qualifications of Directors) Rules, 2014 "11 Cancellation or Surrender or Deactivation of DIN. (1) The Central Government or Regiona....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ner" means if the DIN is obtained on the strength of documents which are not legally valid or incomplete documents are furnished or on suppression of material information or on the basis of wrong certification or by making misleading or false information or by misrepresentation; (ii) the term "fraudulent means" means if the DIN is obtained with an intent to deceive any other person or any authority including the Central Government. (2) The Central Government or Regional Director (Northern Region), or any officer authorized by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC or ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f Mrs. Jiyasha Sidhik for the purpose of filing all the defaulted Annual Returns and Financial Statements of the Company. FINDINGS: - 8. This Tribunal gone through the averments made by the applicant in the M.A and have perused the whole documents placed on record. It appears from the record that on 21.10.2020 notice was issued to the Registrar of Companies, Kerala for his report and the matter adjourned to 20.11.2020. It is reported that the notice to the Registrar of Companies was duly served. But ROC has neither filed report nor responded to the notice. Hence, this Tribunal proceeded to decide the matter, proving that the ROC has no objection in allowing the M.A. I have gone through Section 424 (3) of the Companies Act, 2013 which ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ctor knowing that his office has become vacant on account of his disqualification as specified in Section 167(1) of the Act. Thus, Section 167 includes a mechanism for enforcing the rigors of Section 167(1) of the Act. In the present case, the respondents have sought to cancel/deactivate the DIN of directors disqualified under Section 164 (2) of the Act. This has been done to enforce the provisions of Section 167 (1) of the Act. Clearly, this is not supported by any statutory provision. This Court is of the view that the Central Government having framed the rules specifying the conditions in which a DIN may be cancelled, cannot cancel the same on any other ground and without reference to such rules." 10. As regards the activation of DIN ....